Magoffin County Circuit Court, Kentucky Sealing & Redaction Procedures

CRITICAL

The specified county clerk's office may not release copies of confidential Family Court video records without a specific written order, except in Paternity actions and for qualifying certified public officers or employees, who may use and distribute the information only for authorized investigations or prosecutions.

The Floyd, Knott, or Magoffin County Circuit Court Clerk's office shall not release any copies of Floyd, Knott, or Magoffin Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge. Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

CRITICAL

The specified county clerk's office may not release a Family Court in-chambers video interview with a child without a specific written order from the Family Court Judge.

Pursuant to FCRPP 17, the Floyd, Knott, or Magoffin County Circuit Court Clerk's Office shall not release any Floyd, Knott, or Magoffin Family Court video in-chamber interviews with children without a specific written order from the Family Court Judge.

CRITICAL

When personal identifiers are required in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted, but filings in actions confidential by statute need not be redacted.

However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(%) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by FCPR 504 and 505 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

CRITICAL

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.

WARNINGCriminal cases

Program records and contract-related statements are confidential and restricted from use or disclosure, subject to specified access and victim-information exceptions.

D. All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.